The Legal Foundation of Title Examination
Examining ownership before a transaction is a procedure built on the norms of the Law on the Public Registry; on this page its foundations are represented by Articles 5, 6, 7 and 10. The point of departure is Article 5: towards data registered in the public registry a presumption of reliability operates, unless they are declared no longer in force, void or nonexistent in the manner established by legislation. The subject of examination is therefore precisely the registry's data — not the seller's assurances or incidental papers.
The presumption also dictates the methodology: the examiner does not seek truth somewhere outside the registry but confirms that the registered data are in force and checks whether a statutory ground exists for setting them aside. It distributes responsibility as well: the person who relied on the registry's data is protected, while the one who neglects to use it assumes the risk. That is the boundary between doubt and conclusion which creates the safety of the transaction.
The Extract — the Central Instrument of Examination
Article 10 defines the content and sources of the extract: an extract from the registry of rights to immovables is prepared on the basis of the unified databank of the registries of rights, public-law restrictions, tax liens or mortgages, and debtors, and reflects the data in force at the moment of preparation. Examination is thus exhausted not by viewing the apartment but by reading the full picture of these registries, where the right, the restriction and the obligation appear together.
The extract from the public registry is issued to any person and is prepared together with the decision on registration; where registered data exist — upon payment of the corresponding fee. The decisive rule is that, when effecting a transaction or another legal act concerning an immovable — apart from establishing the right of inheritance — the interested person's authority is established only by an extract. The conclusion of the examination must therefore rest on this document, and not on any substitute paper.
Requesting Information and the Period for Additional Materials
Article 6 governs access to information: when a request is made, the registering body may set a 30-day period for submitting additional information or a document where the content of the request cannot be understood or the requested information cannot be identified, where the document or information defined by legislation is not attached, or where another statutory case exists. This period is a chance to cure the request — but also a timing factor: its very assignment means the request was not framed precisely.
During that period, review of the application is treated as suspended and is renewed only upon submission of the requested materials or removal of the ground for suspension. If the information or document is not submitted during the suspension, the application is left unexamined. Refusal, the setting of a period and leaving an application unexamined are each formalised by a decision of the registering body, which is appealed under the procedure established by legislation. Planning the timeline of an examination must take this mechanism into account.
Electronic Administration and Service Rules
Article 7 lays down the general principles of the registry's operation: the agency may store and issue as an electronic copy any document it has created or holds, and receive, produce or issue information using unified automated means of administration. The application and attached data may be submitted, and the document issued, through any territorial registration service or an authorised person; data in an issued document may be entered mechanically or electronically, and the content and form of the extract are defined by an instruction.
Frequently Asked Questions
Why is the extract the central document of examination?
Because a presumption of reliability operates towards registered data, and in a transaction the person's authority is established only by an extract — apart from establishing the right of inheritance.
Who can obtain an extract?
Any person; it is prepared together with the decision on registration, and where registered data exist — upon payment of the corresponding fee.
What happens if the request is defective?
A 30-day period for additional information or a document is set; review is suspended meanwhile, and if the materials are not submitted the application is left unexamined.
What does an extract on immovables reflect?
The data of the unified databank of the registries of rights, restrictions, liens and debtors that are in force at the moment of preparation.
Where can an extract be requested?
Administration is unified: an application may be made through any territorial registration service or an authorised person, and the document is issued electronically.
How We Help on Legal.ge
On Legal.ge we conduct title examination: we obtain and read the extract, expose public-law restrictions, encumbrances and obligations, compare the data with the terms of the deal and prepare a conclusion on the risks. Contact us — we will assess the property and give you a precise picture of its legal status.